THUNDATHIL
v.
UNITED STATES
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The court denied the plaintiff's motion to proceed in forma pauperis and dismissed the complaint without prejudice.
Plaintiff filed an application to proceed in forma pauperis and a complaint. A magistrate judge recommended denial of the motion and dismissal of the …
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and being otherwise fully advised, the Court DENIES Plaintiff's Motion to Proceed In Forma Pauperis and DISMISSES the Complaint without prejudice.
In the Eleventh Circuit, a district judge may accept, reject, or modify the magistrate judge's report and recommendation after conducting a careful and complete review of the findings and recommendations. 28 U.S.C. § 636(b)(1); Williams v. Wainwright, 681 F. 2d 732, 732 (11th Cir. 1982). A district judge "shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.” 28 U.S.C. § 636(b)(1)(C). This requires that the district judge "give fresh consideration to those issues to which specific objection has been made by a party." Jeffrey S. v. State Bd. of Educ., 896 F. 2d 507, 512 (11th Cir.1990) (quoting H.R. 1609, 94th Cong. § 2 (1976)). Absent specific objections, there is no requirement that a district judge review factual findings de novo, Garvey v. Vaughn, 993 F. 2d 776, 779 n.9 (11th Cir. 1993), and the court may accept, reject, or modify, in whole or in part, the findings and recommendations. 28 U.S.C. § 636(b)(1)(C). The district judge reviews legal conclusions de novo, even in the absence of an objection. See Cooper-Houston v. Southern Ry., 37 F. 3d 603, 604 (11th Cir. 1994).
Upon consideration of the Report and Recommendation, in conjunction with an independent examination of the file, the Court is of the opinion the Report and Recommendation should be adopted, confirmed, and approved in all respects. Accordingly, it is ORDERED that:
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1. The Report and Recommendation, (Dkt. 5), is CONFIRMED and ADOPTED as part of this Order.
2. Plaintiff's Motion to Proceed In Forma Pauperis, (Dkt. 2), is DENIED.
3. The Complaint, (Dkt. 1), is DISMISSED WITHOUT PREJUDICE.
4. The Clerk is directed to CLOSE THIS CASE.
DONE and ORDERED in Tampa, Florida, this 22nd day of April 2024.
MARY S SCRIVEN
UNITED STATES DISTRICT JUDGE
Copies furnished to: Counsel of Record Any Unrepresented Person
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- Marina Cooper-Houston v. S. Ry. Co., 37 F.3d 603 (11th Cir. 1994)
- Garvey v. Vaughn, 993 F.2d 776 (11th Cir. 1993)
- Williams v. Louie L. Wainwright, 681 F.2d 732 (11th Cir. 1982)
- Ga. Power Co. v. Int'l Bhd. OF Elec. Workers, 896 F.2d 507 (11th Cir. 1990)